Frequently Asked Questions
| GENERAL QUESTIONS: | ||
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to Top Q: Where are the Section 341(a) Meetings held?
A: Unless otherwise noticed, Section 341(a) Meetings will be conducted
at:
Q: What information should I be aware of with respect to the Section 341(a) Meeting?
A: Debtors and/or other Parties Attending a Section 341(a) Meeting
should read the following documents:
Q: What is the procedure for obtaining a transcript of the Section 341(a) Meeting? A: All Section 341(a) meetings are recorded on audio tape. The United States Trustee makes the audio tape of a Section 341(a) Meeting available for duplication, but does not provide any duplicating equipment or blank audio tapes. The party interested in obtaining a transcript must make private arrangements to have the audio tape duplicated and/or transcribed. Please contact Myrna R. Fields of the Office of the United States Trustee at (212) 510-0500 to make arrangements for access to a Section 341(a) Meeting audio tape. Q: What is the procedure for obtaining information regarding a Debtor’s case? A: All documents in the Debtor(s) case(s) are filed with Bankruptcy Court and are available electronically through the PACER system. The documents may be viewed free of charge on terminals located at the United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York 10004, but there is a fee required to obtain a printed copy of the documents. Documents are accessible over the Internet to those who register for access to the PACER system and agree to pay a user fee for each document requested. Q: What is the procedure for amending a debtor’s incorrect Social Security Number (Effective December 1, 2003)? A: Please
review the instructions and Form B21 regarding the amendment of an
incorrect Social Security number Q: What is the procedure for filing a Proof of Claim? A: All
proofs of claims MUST be filed with the United States Bankruptcy
Court for the Southern District of New York located at One Bowling
Green, New York, New York 10004. DO NOT bring a proof of claim
form to the Section 341 Meeting and DO NOT attempt to file
your proof of claim form with the Office of the United States Trustee.
A copy of a Proof of Claim Form A: DO NOT contact the Office of the United States Trustee or the Chapter 7 trustee or the Chapter 13 trustee for information regarding a claim or claims filed against the Debtor(s). Information regarding claims filed against the Debtor(s) may be obtained from the United States Bankruptcy Court for the Southern District of New York in New York City – contact the Clerk’s Office at (212) 668-2870. Information regarding claims may also be obtained from the Debtor(s) counsel, or, if applicable, information regarding unsecured claims may be obtained from the Counsel to the Official Committee of Unsecured Creditors. Registered users may obtain information regarding claims filed against the Debtor(s) through the PACER system. Q: Where are the Amended Guidelines for the Southern District of New York and the United States Trustee Fee Guidelines? A:
Q: Where is the website for the United States Bankruptcy Court, Southern District of New York? |
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| CHAPTER 7 QUESTIONS | ||
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Q: What is the role of a Chapter 7 Trustee? A: A
Chapter 7 trustee is appointed in all Chapter 7 cases randomly from
a panel of Chapter 7 trustees for the Southern District of New
York, Manhattan Division |
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| CHAPTER 11 QUESTIONS: | ||
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Q: What is the Official Committee of Unsecured Creditors? A: If
there is sufficient interest among the Debtor(s) creditors, the United
States Trustee appoints an Official Committee of Unsecured Creditors
(the “Committee”). In most cases, a letter accompanied
by a Creditor Committee Acceptance Form Q: How are creditors appointed to the Official Committee of Unsecured Creditors? A: In most cases, the United States Trustee solicits the interest of the Twenty Largest Unsecured Creditors by mailing the creditors a Committee Acceptance Form. If there are sufficient responses to the solicitation, the United States Trustee will form an Official Committee of Unsecured Creditors. In selected cases, the United States Trustee conducts an Organizational Meeting where the presence of the creditor or the creditor’s authorized representative (bearing a written authorization) is required. The United States Trustee forms a Committee by appointing creditors in attendance (in person or by proxy) at the Organizational Meeting. Q: What is the procedure for determining which creditors have been appointed to the Official Committee of Unsecured Creditors? A: After the United States Trustee appoints a Committee, a Notice of the Appointment of a Creditors Committee is filed with the Bankruptcy Court (which notice is then available through the PACER system) and notice is provided to the Debtor(s) counsel and the appointed creditors. Q: Who conducts the Section 341(a) Meeting in a Chapter 11 case? A: The United States Trustee conducts the Section 341 Meeting in a Chapter 11 case. Q: Where is the information pertaining to the Debtor’s Operating Guidelines, Monthly Operating Reports, the United States Trustee quarterly fees, etc.? A: For additional information regarding Chapter 11 cases, including information regarding Debtor(s) Operating Guidelines, Monthly Operating Reports, the United States Trustee quarterly fees, etc., please visit the Chapter 11 webpage for the Southern District of New York Manhattan Division. |
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| CHAPTER 13 QUESTIONS: | ||
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Q: What is the role of the Chapter 13 Trustee? A: Jeffrey
Sapir, Esq., the Chapter 13 trustee, is appointed to administer all
Chapter 13 cases. The duties of the Chapter 13 trustee include the
responsibility for conducting the Section 341 Meeting.
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